Investment/Estate Planning - The Indiana Lawyer

Justices: Attorneys must consult with clients

January 1, 2009

The Indiana Supreme Court has suspended for three months a longtime attorney who prepared wills for clients without ever personally consulting with them.Issuing an order In the Matter of Paul J. Watts, No. 60S00-0809-DI-510, the justices ruled 4-1 that Spencer-based attorney Paul J. Watts, who’s been practicing since 1974, should be suspended for 120 days starting Jan. 29, 2010. The order was posted online today and is dated Dec. 22.The case stems from a previous disciplinary action involving Bloomington attorney David…

Reimbursement to estate should be proportional

January 1, 2009

The Indiana Supreme Court ruled today that a proportional allocation of proceeds from a pre-trial settlement would be best way to reimburse an estate for funeral and burial expenses.

Report issued in UPL claim on trust mill case

January 1, 2009

The Indiana Supreme Court has never determined whether the money spent during the prosecution of an Unauthorized Practice of Law claim fits into the "costs and expenses incurred by such a hearing" category, which means that a losing party pays under Administrative Disciplinary Rule 24.

Judges differ on application of high court ruling

January 1, 2009

An Indiana Court of Appeals judge dissented from his colleagues today in a ruling involving the ownership of certain joint accounts because he believed an Indiana Supreme Court decision was binding in the case.

Split court chooses suspension, not disbarment

January 1, 2008

The Indiana Supreme Court today suspended a Bloomington attorney for at least three years, though the chief justice and another justice wanted disbarment because this is the lawyer’s fourth disciplinary proceeding since being admitted in 1970.The disciplinary decision came in the form of an 11-page per curiam opinion, In the Matter of David J. Colman, No 53S00-0607-DI-248. The court found that Colman engaged in attorney misconduct in several estate planning tasks: by participating in preparation of a will for a non-relative…

Indiana State Bar Association files new trust mill suit: Indianapolis company accused of unauthorized practice of law

January 1, 2008

A decade ago, Vesser and Helen Davis met with an estate planning company representative about how to divvy up their assets and their Hamilton County farm. That representative drew on a flipchart, illustrated ways a partnership and corporation could be set up, outlined differences between wills and trusts, explained the probate process, and advised the pair how they could arrange their finances and establish a corporate structure for the family farm business. In the end, they paid thousands of dollars for…

Estate must be reimbursed for funeral expenses

January 1, 2008

The Indiana Court of Appeals upheld a trial court's approval of money received in a wrongful death suit of an Indianapolis attorney to be used to reimburse his estate for funeral and burial expenses.

High court rules on estate issue

January 1, 2007

The Indiana Supreme Court ruled on a matter of first impression today regarding the disposition of an entire estate during life or death. In the Matter of the Guardianship of E.N., Adult,No. 88S01-0703-CV-121, deals with the issue of whether the guardianship estate planning statute authorizes dispositions of a protected person’s entire estate, not just “excess” assets, as defined in the statute. In this case, E.N. married and had two children – Shirley and Marvin. He executed a will in 1983 and…

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